2010 ADA Definition
Disability: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
(1) The phrase physical or mental impairment means – (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; (ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism; (iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one´s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having an impairment means – (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a private entity as having such an impairment.
(5) The term disability does not include – (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.4(a) General
(a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Evaluating Physical and Mental Qualification Standards Under the ADA
Standards that may exclude an entire class of individuals with disabilities....
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Federal Documents > Technical Assistance > Revised ADA Requirements: Ticket Sales
Prevention of Fraud in Purchase of Tickets for Accessible Seating
Venues cannot require proof of disability as a condition for purchasing tickets for accessible seats....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Analysis of Condition, Manner, or Duration Not Always Required
As noted earlier, the inclusion of these provisions addresses several comments from organizations representing persons with disabilities....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
9. Dedicated vehicles or special equipment in a vehicle
specific hand rails or a front seat in a vehicle for the passenger to avoid nausea or back pain) can be denied so long as the requested equipment is not required by the Americans with Disabilities...
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
3. Does the ADA require an applicant to disclose that she has or had a hearing impairment or some other disability before accepting a job offer?
Does the ADA require an applicant to disclose that she has or had a hearing impairment or some other disability before accepting a job offer?
No. ...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Condition, Manner, or Duration
Several disability rights advocacy groups and individuals supported the NPRM approach, with some referencing the value of pointing to the rules of construction and their relevance to condition...
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Webinars, Videos, and Training > Spirit of the ADA
The 10 Commandments for Communicating with People who Have Disabilities Video
The 10 Commandments for Communicating with People who Have Disabilities (Source: National Center for Access Unlimited)....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.9 Not making reasonable accommodation
1630.9 Not making reasonable accommodation.
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.9 Not making reasonable accommodation.
[56 FR 35734, July 26, 1991, as amended at 76 FR 17002, Mar. 25, 2011]
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Federal Documents > Technical Assistance > ADA Requirements - Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
Credible Assurance
If the person presents a valid, State-issued disability parking placard or card or a State-issued proof of disability, that must be accepted as credible assurance on its face....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND 360 FEDERAL CREDIT UNION UNDER THE AMERICANS WITH DISABILITIES ACT
ADOPTION AND IMPLEMENTATION OF EFFECTIVE COMMUNICATION POLICY
Within thirty (30) days of the effective date of this Agreement, to ensure equal access for persons with disabilities, THE CREDIT UNION shall adopt, implement, and thereafter maintain...
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Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments' Employment Service Systems for Individuals with Disabilities
settings (including day treatment programs or facility-based day habilitation centers) where they are segregated from non-disabled persons....
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Webinars, Videos, and Training > Spirit of the ADA
Isn't it a pity? The real problem with special needs | Torrie Dunlap | TED Talks
This talk was given at a local TEDx event, produced independently of the TED Conferences. Kids with special needs are marginalized in our communities, and we are doing it with the...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q4. How does the Amendments Act alter coverage under Section 504 and Title II?
Students who, in the past, may not have been determined to have a disability under Section 504 and Title II may now in fact be found to have a disability under those laws....
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
382.27 May a carrier require a passenger with a disability to provide advance notice in order to obtain specific services in connection with a flight?
382.27 May a carrier require a passenger with a disability to provide advance notice in order to obtain specific services in connection with a flight?...
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Introduction
INTRODUCTION
The Americans with Disabilities Act (ADA), which was amended by the Americans with Disabilities Act Amendments Act of 2008 ("Amendments Act" or "ADAAA"), is a federal law...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
382.143 When must carriers complete training for their personnel?
To ensure that foreign carriers have resource persons to deal with disability issues as soon as possible, foreign carriers will have to complete training for CROs, and U.S. carriers will...
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
Accessible Cells in Correctional Facilities
Many inmates in State and local correctional facilities have mobility disabilities and need to be housed in accessible cells....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Introduction and Purpose
opportunities that are available to persons without disabilities....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
§ 36.105 Definition of ‘‘disability.’’
the definition of ‘‘disability.’’...
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
About and Acknowledgements
About the Guide’s Sponsor
Center for Disability Issues and the Health Professions
The Center for Disability Issues and the Health Professions (CDIHP) at Western University of Health...
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Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
2. What is the most integrated setting under the ADA and Olmstead in the context of a state and local government’s employment service system?
Providing those services in an integrated setting enables an individual with a disability to work in a typical job in the community like individuals without disabilities....
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Webinars, Videos, and Training > Continuing education
Defining and Delivering Disability-Competent Care - Flexible Long Term Services and Supports
This is the seventh webinar in the Webinar Series #1, "Leading Healthcare Practices and Training: Defining and Delivering Disability-Competent Care"....